http://www.environmental-protection.org ... -nuisance/
Some nuisance problems only happen occasionally, and it may not always be possible for an environmental health officer to witness it. Some local authorities may find it difficult to deal with nuisance problems as fully as they might like because of staff shortages. If for any reason they do not feel able to take action, you can take action yourself through the Magistrates Court under Section 82 of the EPA. This is quite simple; you do not need a solicitor and it need not cost much.
You will need to prove to the Magistrate beyond reasonable doubt that the problem you are complaining of amounts to a nuisance. The diary you keep will be important evidence, as will any independent witnesses you can call to give evidence. Although the law says that only one person needs to be affected for there to be a nuisance, in practice the evidence of other witnesses will add considerable weight to your claim.
Write to the offender informing them that the nuisance has not been abated and that unless they cease it by a certain date (say, two weeks time) you will complain to the Magistrates Court. Keep copies of all letters. If this is ignored, contact the Justices Clerk's Office at your local Magistrates Court, explaining that you want to make a complaint under Section 82 of the Environmental Protection Act 1990. The Clerk of the Court should advise you how to proceed further. A solicitor can do all this for you (a letter from your solicitor to your neighbour would also indicate that you mean business) but this will involve some expense.
A date will be set for the hearing and the person about whom you are complaining will be summoned to attend Court. You will be required to explain the problem and should produce evidence - diaries and any independent witnesses. You will have to give your evidence, and cross examine your own supporting witnesses. The person you are taking action against will be able to cross examine you and your witnesses and produce their own evidence. The law relating to business premises is slightly different: they can defend themselves by proving that they are using the "best practicable means" to prevent the nuisance.
If you prove your case the Court will make an order requiring the nuisance to be abated, and/or prohibit recurrence of the nuisance. The Court also has the power at the time the nuisance order is made to impose a fine on the defendant. If this order is ignored, further Court action will need to be taken; so continue to keep records of the nuisance in case it proves necessary to return to Court. If you fail to prove your case you may have to pay some of the defendant's expenses in coming to Court."